A PROBABLE EXPEDIENT For present and future Public Settlement. HUMBLY Submitted to the Serious Consideration and Impartial Trutination of all public English Spirits, cordially affecting, endeavouring the real Peace, Safety, Tranquillity, Felicity of their Native Country in these times of general Fears and Distractions; By a Wellwishing Phylopater. Prov. 15.22. Without Counsel purposes are disappointed, but in the multitude of Counsellors they are established. Jer. 30.18, 19, 20, 21. Behold I will bring again the Captivity of jacob's tents, and have mercy on his dwelling places, etc. And their Congregation shall be established before me, and I will punish all that oppress them; And their Nobles shall be of themselves, and their Governors shall proceed from the midst of them. London, Printed in the year 1658. A Probable Expedient, for present and future public Settlement. THere is no more likely or ready Means to compose the deplorable Differences, unite the sadly divided Interests, and settle the long desired Tranquillity, and fluctuating Government of the English Nation without new Commotions or Bloodshed, than a Free Parliament duly summoned and rightly constituted; any other form of Parliaments being more apt to augment our Divisions, Schisms, Distempers, than suppress them, and to degenerate into a Disease, in lieu of a Medicine, as late experiments have sufficiently demonstrated. How such a Parliament may best be convened in the present posture of our Affairs? will be the only Question. Doubtless, what ever others fancy, it cannot probably be effected by pursuing the late Instrument: 1. Because it was made only by some Private Officers of the Army, and never since confirmed, but quarrelled with and excepted against, even by all those Conventions which have been summoned by it, voting divers Alterations therein: 2ly, Because it totally excludes all the ancient Peers of the Realm of their hereditary (a) 5 R. 2. Stat 1. c. 4. Cook 4 Instit. p. 1, 4, etc. 43, 44. Birthright, from sitting or voting in any Parliaments as Peers, or in any other capacity, unless they will Un-Peer themselves, and become mere Commoners, if the people incline to elect any of them Knights, Citizens, or Burgesses. 3ly, For that it debars a Great multitude of Freeholders of their hereditary liberty and votes in elections, ratified by (b) 3 E. 1. c. 5. 7 H. 4. c. 14. 1 H. 5. c. 1. 8 H. 6. c. 7. 10 H. 6. c. 2. 32 H. 6.15. 35 H. 3. c. 112 sundry Acts of Parliament and Prescription; and enables many who are no Freeholders to have voices in Elections, against all former Acts and usage disabling them to be Electors. 4ly, Because i● suppresseth many ancient Burroughs, Ports, and deprives them of their ancient Rights (c) Magna Charta, c. 4. 5 R. 2. Stat. 2. c. 4. 32 H. 6. c. 15. Artic. super Chart. 28 E. 1. c. 7. 42 E. 3. c. 1. Cook 4 Instir. p. 7.43. 1 Instir. f. 109, 110. (confirmed by the Great Charter, and sundry Acts of Parliament, as well as Charters, and prescription) of sending Burgesses and Barons to Parliaments: 5ly, For that it incorporates and calls into the Parliament of England, both Knights, Citizens and Burgesses out of Scotland and Ireland, as Members, Voters, Legislators jointly with the English; and constitutes any 60. of them a Parliament to impose Laws and Taxes on all English Freemen, though all or most of the English Knights, Citizens, Burgesses be secluded; when as by (d) Cooks Instit. c. 1. R. 2. c. 4. & words of all old writs of Summons, PEERS, Cities, Burroughs, Charters and Patents in England, Scotland, and Ireland. the Laws, Charters, Privileges of the English Nation, no Irish or Scotish Peers, Knights, Citizens or Burgesses may, can, or aught to sit or vote in English Parliaments, qua tales, but the English only: 6ly, Because it is totally repealed and set aside (if ever Obligatory to the Nation in any kind) by the la●e Petition and Advice, erecting another House, and a New Model of Parliaments and Prouisoes touching Elections, inconsistent with this Instrument, now as much out of date, as tune. Neither is there any probability of summoning such a Parliament according to the late Petition and Advice, as for the 3d, 4th and 5th precedent, so likewise for these ensuing reasons. 1. For that it was made in and by an unfree, and unfull Convention, from which many of the most considerable Members freely and duly elected by the people, were forcibly secluded, and many unduly, or not at all elected, though returned, admitted to sit and vote in the framing thereof: Upon which Grounds sundry thus secluded refused to sit and vote in the second Session, though invited, because thus unjustly excluded from the first; their free admission at the second meeting if they pleased, being an infallible argument they were injuriously and causelessly excluded at the first, as well as their printed Protestations against it. 2ly, For that it imposeth such an Oath upon all Members before their admission (inconsistent with the Petition of Right, 3 Caroli: 1 Eliz. c. 2. 5 Eliz. c. 1. 3 Jac. c. 4. 7 Jac. c. 6. and other Acts) which some of those who sat in the first Session refused to take at the second; and many first secluded protested they would not take: which will cause a great animosity and rent if imposed for the future, till approved, ratified by a full and free Convention. 3ly. Because the other House constituted by it, when summoned, was totally disowned 1. By the Commons themselves who created it by this Petition and Advice; yet would not acknowledged, but disclaimed it when erected: And if these Creators would not own this their mongrel ill-compacted new creeture, there is no probability, that any future Knights, Citizens or Burgesses will approve or submit unto it: 2ly, By the ancient Peers, and most Gentlemen of Estate and Interest summoned to this other House, who refused to sit, or own it at the first, upon such terms as will engage them to disown it for the future, and not to appear therein though summoned. 3ly, By the gener lity of the people, who disrelished, and made no addresses to it upon any occasion. 4ly, This House. and last Convention were thereupon suddenly dissolved by him that called and constituted them, as seeing no hopes nor possibilities of reconciling or uniting them: Therefore none else can * Mar. 2.21, 22. Luke 5. 36, 37, 39 possibly hope to piece or unite them in any New Convention summoned according to this Petition and Advice. The only probable, hopeful means then of summoning a lawful healing, uniting English Parliament, for present and future settlement, is now to pursue and put in use, the late Act for Triennial Parliaments, made Anno 16 Caroli; at the motion, prosecution of the best affected Lords and Commons the last long Parliament, yea of those Lawyers now sitting at the Helm of Justice, and of other Members in greatest subordinate present power, who were employed in the penning and passing thereof, extolling it, (and that deservedly) as most necessary, * Exact collection, p. 14, 15, 16. beneficial to the Nation; and therefore cannot but approve it as most suitable and seasonable at this instant. This Act authorizeth any 12. or more of the ancient Peers (the Hereditary Council, and Counsellors of the Realm in all former ages) to meet together in the Lord's House at Westminster, on thè 3. Monday of November, and on and before the last Monday of the said November, without other warrant, to issue out writs under their hands and Seals, in usual form to the several and respective Sheriffs of the respective Counties City's and Burroughs of England and Wales, and to the Constable of the Castle of Dover, Lord Warden of the Cinque ports, or his Lieutenant for the time being, and all other Officers to whom writs have been usually directed for the electing of Knights, Citizens, Barons and Burgesses (which writs they are obliged to execute under strictest penalties) to meet in Parliament in the usual place at Westminster, on the third Monday in January next ensuing. And in case there shall no such Parliament be thus summoned, held and assembled, before the 23. of January, that then the several and respective Sheriffs and chief Officers of every respective County, City and Burrow of England and Wales, shall issue out precepts for elections, and at their several and respective Courts and Places held next after the said 23. of January, cause such Knights, Citizens and Burgesses for their respective Counties, Cities and Burroughs to be elected before the last day of February by such persons, and in such manner, as if several writs of Summons to Parliament under the Great Seal of England had been issued to them; who are to assemble in Parliament at Westminster on the second Tuesday of March next following. And in case no such Precepts shall issue, nor elections be made thereon before the last day of February than next ensuing, that then the Freeholders, Burgesses, Citizens, and other persons that ought to elect and send Knights, Citizens, Barons and Burgesses, at their said several and respective Courts forthwith (and the Cities, Ports and Burroughs to whom no Precept shall come on the first Tuesday in March next ensuing the said last day of February) shall proceed without further warrant, to the election of such Knights, Citizens, Barons and Burgesses, in such manner as is usual in case of writs of Summons issued and awarded; Which Knights, Citizens, Barons and Burgesses so chosen, shall appear and serve in Parliament at the time and place aforesaid, and be liable to such pains and censures for their not appearing, as if he and they had been elected by a writ under the Great Seal of England, Note. and be subject to such further Censures, as he or they shall be adjudged unto by the rest there assembling. And in case any person whatsoever shall be so hardy, as to put in execution any Writ, Proclamation, Edict, Act, Restraint, Inhibition, or Warrant to the contrary; he is thereby subjected to a Praemunire, and disabled during his life to sue or implead any person in any action real or personal, or to make any Gift, Grant, Conveyance, or other disposition of any of his Lands, Tenements, Hereditaments, Goods or Chattels, by Act executed, will or otherwise; or to take any Gift, or benefit of any Gift, Cenveyance, or Legacy to his own use: And every Sheriff, not performing his duty enjoined by this Act, is to foreit 1000 l. and every City 1000 l. and every City that is no County 200 l. and every Burrow and Port 100 l. to be recovered, as this Act prescribes. If those then in present power will for their own and the publke safety, tranquillity, vouchsafe to send for, and confer with 12. or more of the ablest well-affected ancient Peers of the Realm, (the Hereditary Great Council of the Nation, in all times of Difficulty, danger, or Interregnums) and other Gentlemen of estates, interest, quality, who had a chief hand in passing this Act, and by good advice, and common assent, frame such a Writ of Summons bearing Teste under their hands and Seals, as may be warranted by the Letter or equity thereof, and issue it out on the 3d. Monday of Nau. next: Or else permit, command the Freeholders, Citizens, Burgesses in each Courty, City, Burrough to make such elections of their Knights, Citizens, Burgesses in Jan. next, as this Act appoints, and permit or command the Lords to meet them at the time, place thereby prescribed, according to the true intention of this Act, and ancient forms of English Parliaments: this Summons will be both very legal, and also take in, reconcile all dissenting interests, and no Lord nor Commoner whatsoever will scruple, refuse or neglect to meet in such a Parliament, warranted by so good and late an Act of Parliament as this. And when they are all thus legally assembled, such Proposal, Votes, Acts may then be made and passed by their joint deliberations and assents, as through God's blessing may secure, unite all Interests, and procure a well-grounded Settlement, Government both in Church and State. This will be more effectually and successfully accomplished, if the Contrivers of the New writs of Summons upon this Act, shall insert these ancient Clauses of direction to Freeholders, Citizens Burgesses, Sheriffs and other Officers employed in Elections, what manner of persons they ought to elect for Knights, Citizens, Burgesses and Barons of the Ports to serve in the next and all succeeding Parliaments, which Limitations are frequently found in (e) Claus. 49 H. 3. d. 11. cl. 22 E. 3. pars 2. d. 32. 24 E. 3. pars 2. d. 3. 25 E. 3. pars 1. d. 5. 28 E. 3. d. 26. 29 E. 3. d. 8. ancient Writs for Parliamentary Elections: Namely, that they should elect or cause to be elected two Knights out of every County, two Citizens out of every City, two Burgesses out of every Burrow, and two Barons out of every Cinque por, (De Legalioribus, probioribus, discretioribus, provectioribus, melioribus, valedioribus, aptioribus, magis idoneis, magis sufficientibus, magis circumspectis, et fide dignis Militibus, Civibus, Burgensibus et Baronibus Comitatuum, Civitatum, Burgorum, et Portuum praedictorum et ad laborandum potentioribus qui non sunt quaerelarum manutentores, aut ex hujusmodi quaestu viventes, sed homines valentes, et bonae fidei & Publicum commodum diligentes, et non alios, vel alterius conditionis quam superius specificatur): Of the legallest, honestest, discreetest, ancientest, best, ablest, fittest, most convenient, most sufficient, most circumspect and trusty Knights, Citizens, Burge●●es and Barons of the said Counties, Cities, Burroughs and Ports, and most able to take pains (in attending, promoting the public affairs in Parliament) who are no maintainers of quarrels, or parties, nor living by dishonest gain, (or the plunder, oppression, or contributions of the people) but men of ability and good credit, and such who love THE PUBLIC WEAL: and that they should not by any means elect others, nor persons of any other condition than such as are formerly specified. What happy effects a Parliament of persons thus qualified, and duly, freely elected by the people according to these qualifications (which do not impeach the freedom, but only prevent the exorbitances of unfit elections if carefully pursued) is likely to produce for our settlement and establishment through God's blessing on their endeavours, all intelligent persons may easily conjecture. When both the Nobles and people of England had been much discontented, impoverished, oppressed by heavy, frequent Aids, Taxes, to maintain the wars with France under King Edward the 3d. (who summoned sundry Parliaments only or principally to demand money, and impose new burdens, payments on his people, though no ways comparable to the heavy Taxes, Exciles, Customs of late times exacted, for quantity, frequency or duratition) the King to regain their lost affections and hearts, inserted this notable Clause into the lose of all his (f) Claus. 21 E. 1. pars 1. 〈◊〉. 6. writs of Summons to Parliament issued to the Prelates, Nobles, Sheriffs, and Warden of the Cirque Ports, Anno 21. of his reign: (which would be extraordinarily * 2 Chron. 10.4, 7. grateful to the Nobility, Clergy, Gentry and Commons at this season;) Et scire vos volumus, quod dictum Parliamentum non ad auxilia seu tallagia a populo dicti Regni nostri petenda, vel alia onera eidem populo imponenda, set duntaxat pro Justitia ipsi populo nostro, super dampnis et gravaminibus sibi illatis facienda, et pro tractatibus super dictis Negotiis (tam Nos et statum Regni nostri Angliae. quam Communem utilitatem Populi ejusoem Regni nostri contingentibus) habendis, fecimus summoneri. If God in his All-disposing Providence shall graciously vouchsafe effectually to incline the hearts of all the Nobility, Gentry, Officers Citizens' Burgesses, Freeholders, Commons, Governors and Sword men of the Nation to pitch upon such a writ Parliament, probable and hopeful expedient as this for present & future Security, Peace, Settlement, (since a better can hardly be invented) most likely to reconcile, unite, secure all the great divided Interests and Parties in the Land who are any way considerable; we may then comfortably hope, that the effect thereof, and of a Parliament so righteously summoned convened, (g) Isay 32.17, 18. will be quietness and assurance for ever; and that the people shall all dwell in a peaceable habitation, and in sure dwellings, and in quiet resting places. The sole end of communicating this inoffensive, if not seasonable and useful Paper, to the consideration and censure of the grave. Judgements, and all persons most interessed in, or well affected to the Peace, Prosperity, security of the English Nation. FINIS.